Aligarh Vs. State of U.P. & Ors 
INSC 363 (31 March 1997)
RAMASWAMY, G.B. PATTANAIK
O R D
E R These appeals by special leave arise from the orders of the Division Bench
of the Allahabad High Court , made on October 17,1994 in F.A. No. 271/1994 and batch.
Notification under section 4(1) of the Land Acquisition Act, 1894 (for short,
the "Act") was published on June 3,1979 acquiring a total extent of 24.9
acres of land for public purpose, namely, for establishment of road transport
depot. The Land Acquisition Officer awarded compensation at the rate of
Rs.11.25 per sq. yard . On reference under section 18 of the Act, the
Additional District Judge by his award and decree enhanced the compensation to
Rs.25/- per sq. yard. On appeal, the Division Bench of the High Court has
dismissed the appeals on the ground of limitation. Thus, these appeals.
direction the learned counsel for the parties have placed on record the adduced
evidence. It is now admitted position that two sale deeds had been filed in
support of the claim for higher compensation but neither the vendor not the
vender has been examined to substantiate those documents which is not the
evidence legally admissible nor to be considered. The reference Court also did
not properly consider the claims in the legal perspective .
we find that the approach adopted by the High Court as well as the reference
Court is not correct in Law. However, we are not expressing any opinion on
merits. we set aside the award and decree of the reference Court and that of
the Division Bench of the High Court. The matter is remitted to the reference
Court with a direction to give opportunity to the parties to adduce evidence
afresh, consider the same in the light of the law laid down buy this Court and
then decide the compensation accordingly within six months from the receipt of
this order .
appeals are, accordingly, allowed but, in the circumstances, without costs.
Pages: 1 2